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2024 Supreme(SC) 24

B. R. GAVAI, PRASHANT KUMAR MISHRA
Jaipur Vidyut Vitran Nigam Ltd. – Appellant
Versus
MB Power (Madhya Pradesh) Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. P. Chidambaram, Sr. Adv. Mr. Anand K. Ganesan, Adv. Mr. Nikunj Dayal, AOR Mr. Amal Nair, Adv. Ms. Shivani Verma, Adv. Mr. Anand Ganesan, Adv. Mr. Amal Nair, Adv. Mr. Nitin Saluja, AOR
For the Respondent(s): Ms. Prerna Singh, Adv. Mr. Guntur Prabhakar, AOR Mr. Ravi Kishore, Adv. Mr. Guntur Pramod Kumar, Adv. M/S. Khaitan & Co., AOR Mr. Jayant Mohan, AOR Mr. E. C. Agrawala, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The modern approach to statutory interpretation emphasizes a purposive and pragmatic construction, ensuring the interpretation aligns with the legislative scheme and purpose, avoiding absurdities or contradictions (!) (!) (!) .

  2. Courts should always consider the larger public interest when deciding whether judicial intervention is warranted, intervening only when overwhelming public interest justifies such action (!) (!) (!) (!) .

  3. The availability of an efficacious statutory remedy generally precludes the exercise of jurisdiction under Article 226, unless exceptional circumstances such as violation of fundamental rights, natural justice, or total lack of jurisdiction are established (!) (!) .

  4. Delay and laches in approaching courts can be a valid ground for dismissing or not entertaining a writ petition, especially when the petitioner has not justified the delay and the matter involves commercial transactions where considerations of public interest are paramount (!) (!) (!) .

  5. The authority under statutory provisions related to electricity procurement and tariffs, such as Sections 63 and 86 of the Electricity Act, is to be exercised in accordance with the guidelines issued by the Central Government, and such guidelines explicitly permit rejection of bids not aligned with market prices (!) (!) (!) (!) .

  6. The evaluation of bids must adhere to the principles of transparency, fairness, and compliance with the bidding guidelines. The power to reject all bids if they are not market aligned is vested with the evaluation committee and the regulatory authorities, and such rejection is permissible to protect consumer interests and ensure market integrity (!) (!) (!) (!) .

  7. The interpretation of words such as "all" or "any" in statutory or guideline provisions must be contextual, considering the scheme and purpose of the legislation. The words "all" and "any" can be construed to include each other depending on the context, especially to promote the overarching objectives of consumer protection and fair market practices (!) (!) (!) .

  8. The decision-making process in procurement and tariff approval must be free from arbitrariness, mala fides, or irrationality. Courts will scrutinize the process rather than the merits alone, intervening only when there is clear evidence of procedural violations or mala fide conduct (!) (!) .

  9. The courts recognize that the award of contracts in the energy sector is primarily a commercial decision, and the authorities have discretion in selecting terms, including negotiations, provided they follow established norms and procedures. Judicial review is limited to examining whether the process was fair, transparent, and in accordance with law (!) (!) .

  10. When a statutory right or remedy is prescribed, courts will generally refrain from issuing directions that conflict with or bypass those statutory procedures, unless there are exceptional circumstances involving violations of natural justice, fundamental rights, or total lack of jurisdiction (!) (!) .

  11. The courts have consistently held that the expression "any" in legal provisions should be interpreted in accordance with the context, scheme, and purpose of the legislation, often extending to include "all" to achieve the legislative intent of broad coverage and protection of public interest (!) (!) .

  12. The courts emphasize that interpretation should promote the effective and harmonious implementation of the law, avoiding constructions that could lead to absurd results or undermine statutory objectives, especially in sectors involving public resources and consumer interests (!) (!) .

Please let me know if you need further assistance or clarification on any specific point.


JUDGMENT

B.R. Gavai, J.

CIVIL APPEAL NO. 6503 OF 2022 AND CIVIL APPEAL NO. 6502 OF 2022

1. These appeals challenge the judgment and order dated 20th September 2021, passed by the Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur, in D.B. Civil Writ Petition No. 14815 of 2020, thereby allowing the said writ petition filed by MB Power (Madhya Pradesh) Limited (hereinafter referred to as "MB Power"), respondent No.1 herein. By the impugned judgment and order, the High Court held that the respondent Nos. 1 to 5 therein (appellants herein and the State of Rajasthan) are bound to purchase a total of 906 MW electricity from the successful bidders. It, therefore, directed the writ petitioner- MB Power (respondent No. 1 herein) and respondent No.7 - PTC India Ltd. (hereinafter referred to as "PTC India") in the said writ petition (respondent No.2 in the present appeals) to supply 200 MW electricity to the respondents therein (appellants herein) within the limit of 906 MW. It also directed the writ petitioner-MB Power and PTC India, respondent No.7 in the said wr

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